Hennessey

This is an action in ejectment wherein judgment was given for plaintiffs and defendants appeal. A previous trial of the action resulted in a judgment in favor of defendants, but on appeal the judgment was reversed (Hennessey v. Robinett, 198 Cal. 645 [ 246 Pac. 1043 ]).

The essential facts established at each trial, as they are set forth in the opinion rendered on the former appeal and as disclosed by the record on the present appeal, are substantially the same, and, briefly stated, are as follows: For a number of years immediately preceding and at the time of the commencement of the action plaintiffs and defendants owned adjoining lots fronting on the westerly side of Eighth Avenue between Moraga and Noriega Streets in San Francisco. Plaintiffs’ lot had a frontage of 25 feet and defendants’ lot, which adjoined plaintiffs’ on the south, had a frontage of 50 feet; and both lots were 120 feet deep. During the year 1900, which was more than twenty years before the action was instituted, defendants inclosed their lot with a fence. The northerly line thereof was built along what they believed was the true boundary between the two lots, but it appears that the front portion of the…